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COM. PROPERTY ADVOCATES v. MORTG. ELECTRONIC REG.

Nos. 10-4182, 10-4193, 10-4215.

680 F.3d 1194 (2011)

COMMONWEALTH PROPERTY ADVOCATES, LLC, Plaintiff-Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendant-Appellee. Commonwealth Property Advocates, LLC, Plaintiff-Appellant, v. BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, L.P.; ReconTrust Company, a Texas corporation, Defendants-Appellees. Commonwealth Property Advocates, LLC, Plaintiff-Appellant, v. First Horizon Home Loan Corporation; Mortgage Electronic Registration Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Ordered Published January 31, 2012.

Attorney(s) appearing for the Case

E. Craig Smay , Salt Lake City, UT, for Plaintiff-Appellant.

JoAnn Sandifer , ( Michael D. Mayfield and Matthew M. Cannon , Ray Quinney & Nebeker P.C., Salt Lake City, UT, and Joseph F. Yenouskas , Goodwin Proctor LLP, Washington, D.C., on the brief) for Defendants-Appellees.

Before LUCERO, BALDOCK, and HARTZ, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff Commonwealth Property Advocates, LLC, acquired title to three pieces of real property in Utah from three defaulting borrowers. Plaintiff then filed three suits in diversity against various Defendants which held interests in the property, seeking to prevent foreclosure. Plaintiff argued Defendants had no authority to foreclose because the notes in each case had been securitized and sold on the open market. Because the security follows...

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